Weller v. Weller
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Hugo Muench, Judge. (1) In an action for divorce, a plaintiff is as much entitled to a decree where the evidence establishes a statutory ground of relief as in any other action, and a court has no discretionary right to refuse it. Lynch v. Lynch, 87 Mo. App. 36'; Ulrey v. Ulrey, 80 Mo. App. 48; Morris v. Morris, 60 Mo.
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Appeal from St. Louis City Circuit Court. — No». Hugo Muench, Judge. (1) In an action for divorce, a plaintiff is as much entitled to a decree where the evidence establishes a statutory ground of relief as in any other action, and a court has no discretionary right to refuse it. Lynch v. Lynch, 87 Mo. App. 36'; Ulrey v. Ulrey, 80 Mo. App. 48; Morris v. Morris, 60 Mo. App. 86. (2) The indignities contemplated by.the divorce law as authorizing a decree of separation consist of any unmerited, contemptuous conduct, any act towards.another which manifests contempt, contumely, incivility or injury…
1Opinion of the CourtNortoni, J.
This is a suit for divorce. Defendant, though duly summoned, did not appear. Upon hearing plaintiff’s proof, the court dismissed the bill and the appeal is prosecuted ffom that judgment. The grounds of divorce set forth in the petition per*8tain to indignities alleged to have been offered by defendant to plaintiff sufficient to render her condition intolerable.
It appears the parties were married in 1885' and continued to live together until 1902, when plaintiff separated from her husband because of his conduct, which is set forth as the indignities complained of. At the time the parties were…
2Cases cited5 opinions
- Holschbach v. HolschbachMissouri Court of Appeals · 1908
- Gallemore v. GallemoreMissouri Court of Appeals · 1905
- Goodman v. GoodmanMissouri Court of Appeals · 1899
- Webb v. WebbMissouri Court of Appeals · 1891
- Freeman v. FreemanMissouri Court of Appeals · 1902
3Cited by1 opinion
- Scism v. ScismMissouri Court of Appeals · 1914